DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Subiaco
(AG2017/6125)

CITY OF SUBIACO ENTERPRISE (FIELD STAFF) AGREEMENT 2017

Local government administration
COMMISSIONER MCKINNON	MELBOURNE, 27 APRIL 2018

Application for approval of the City of Subiaco Enterprise (Field Staff) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Subiaco Enterprise (Field Staff) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Subiaco. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union and Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 26 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the City of Subiaco, represented by its field staff, and the City of Subiaco itself. The dispute centred around the approval of the City of Subiaco Enterprise (Field Staff) Agreement 2017, which was to be approved by the Fair Work Commission. This application was made under section 234 of the Fair Work Act 2009, with the aim of ensuring the agreement would provide fair and reasonable terms for the field staff, while also being consistent with the principles of the act.

The legal issues before the court included whether the proposed terms of the agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act. The court had to consider the specific provisions of the agreement, including wage rates, hours of work, and conditions such as leave entitlements and termination provisions. Additionally, the court needed to determine if the agreement appropriately balanced the interests of both the employees and the employer, and whether it met the standards set by the act for such agreements.

The Fair Work Commission carefully examined the proposed agreement, taking into account the submissions from both parties and the relevant provisions of the Fair Work Act. The commission determined that the agreement, while not perfect, provided fair and reasonable terms for the field staff. The court found that the wage rates, working hours, and other conditions were consistent with the principles of the act and were appropriate given the nature of the work. The commission concluded that the overall balance of the agreement favoured neither party excessively and that it complied with the legal standards required by the act. Based on this analysis, the commission approved the City of Subiaco Enterprise (Field Staff) Agreement 2017.

City of Subiaco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established